United States v. Robinson (In Re Robinson)

GEORGE L. PROCTOR, Bankruptcy Judge.

This matter was heard on cross motions for summary judgment on the issue of the dischargeability of the affirmative duty, created by a valid United States District Court judgment, to restore certain marshland to an approximation of its condition before the defendant unlawfully excavated and filled it. It is undisputed that the debtor/defendant violated 33 U.S.C. §§ 403 and 1311, respectively provisions of the River and Harbor Act and the Clean Water Act.

The material facts are as follows:

In 1978, the defendant owned three parcels of land on Trout River in…